April 30, 2011

Inside Business Law

Perspectives on the Startup Visa Act

  • What is the Startup Visa Act? If you work in immigration, you may already know that the ABA Business Law Section played an instrumental part in the creation of the Startup Visa Act of 2010, which would provide a mechanism for immigrant-entrepreneurs to enter or remain in the United States to build businesses. For background on the Startup Visa initiative and the ABA Business Law Resolution behind it, read the Young Lawyer Committee Newsletter. And don't miss Barbara Mayden's speech to the ABA House of Delegates in support of the Startup Visa Resolution.    
  • For a real-life immigrant success story, look no further than this Q&A with Vinod Khosla, founder of Sun Microsystems, among other innovative companies, found in Preferred Returns, the Newsletter of the Private Equity and Venture Capital Committee.

Updates in Banking Law

  • Do you keep client funds in a trust account? If so, there is good news relating to the deposit insurance treatment of IOLTA accounts, which is now unlimited. To stay informed, take a moment for Howard Eisenhardt's article in the Banking Law Committee Newsletter.
  • Who's entitled to a credit card? Will the "ability to pay" requirements created by the CARD Act of 2009 help consumers - or hurt them? Don't miss this thought-provoking article by Sara Emley and Manley Williams.
  • If you work in real estate lending, make note of this article by Robert A. Cook and Timothy P. Meredith. The Dodd-Frank Act had a broad impact on questions of pre-emption in many areas, but among the lesser-noticed was a change to the preemption rules for real estate lending transactions.
  • Will bank failures continue? FDIC data shows that bank failures may have peaked last year, but the trend is far from over. These failures may present significant opportunities for well-prepared bidders, so check out Lorraine M. Buerger's article on the issue.

Community Economic Development

  • Want an inside glimpse at the issues facing the White House Domestic Policy Council? Don't miss this interview with Derek Douglas, Special Assistant to President Barack Obama, featured in the Community Economic Development Newsletter.
  • Foreclosure prevention initiatives are important, but beware of loan modification scams! For a warning on the ethical implications of lawyers partnering with loan modification companies, check out Rutledge Simmons's article.
  • For an update on community economic development programs that are making a difference, be sure to read this interesting discussion of the regional equity movement, and this analysis of Neighborhood Stabilization Programs.

Municipal Bankruptcy

  • Unfortunately, if community economic development initiatives are not enough, or if a municipality is mismanaged, municipal bankruptcy can result. For a look at Chapter 9 and what it means for municipalities in bankruptcy, check out this webinar from the Business Bankruptcy Committee.

Spotlight on Consumer Financial Services

If you missed the Winter Meeting of the Consumer Financial Services Committee, here is your chance to catch up on all of the great content. Highlights included programs on:

  • The Mortgage Foreclosure Fracas and Mortgage Lending After Dodd-Frank ;
  • The Future of Automobile and Recreational Boat Financing ;
  • Inside Perspectives on Debt Collection and Litigation Trends ;
  • Controversy over Overdraft Protection Programs; and
  • The Role of Regulators in a Post-Dodd-Frank World - Consumer Protection and Financial Privacy.